 |
|

Legal news from Friday, November 11, 2011 |
 |
|


DOJ urges Supreme Court not to hear Arizona immigration law appeal
Alexandra Malatesta on November 11, 2011 2:18 PM ET

[JURIST] The US Department of Justice (DOJ) on Thursday urged [brief, PDF] the US Supreme Court [official websites] not to hear Arizona's appeal of a decision [opinion, PDF] enjoining four provisions of the state's controversial immigration law [SB 1070 materials; JURIST news archive]. The US Court of Appeals for the Ninth Circuit [official website] upheld an injunction in April before the law ever took effect, and Arizona is now asking the high court [JURIST reports] to address whether the state law is preempted by federal immigration legislation. While the state maintains that the Ninth Circuit incorrectly concluded that the state law was facially preempted and "declined to determine whether there were constitutional applications" of the Arizona immigration legislation, the DOJ insists the courts properly blocked [AP report] the provisions. SB 1070, which criminalizes illegal immigration and requires police officers to question an individual's immigration status if the officer has a "reasonable suspicion" to believe an individual is in the country illegally, was signed into law [JURIST report] in April of last year.
This request is part of a long line of legal challenges to the Arizona law. Earlier this month, advocacy groups filed suit in the US District Court for the District of Arizona asking a federal judge to block enforcement [JURIST report] of the portion of the state's controversial immigration law that bans blocking traffic to acquire or offer day labor services. Last month, a federal judge dismissed a counterclaim [JURIST report] filed by Arizona Governor Jan Brewer [official website] and state Attorney General Tom Horne [official profile] against the US government in the lawsuit challenging the controversial Arizona immigration law. In a preview of how it might rule should it decide to hear the case, the Supreme Court in May ruled [opinion, PDF; JURIST report] in Chamber of Commerce v. Whiting [Cornell LII backgrounder] that Arizona's controversial employment related immigration law [materials] is not preempted by the Immigration Reform and Control Act (IRCA) [text]. Last year, the Department of Justice sued [JURIST report] the state of Arizona and Governor Brewer over SB 1070, arguing that both the Constitution and federal law "do not permit the development of a patchwork of state and local immigration policies throughout the country."


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Kosovo politician on trial for war crimes
Alexandra Malatesta on November 11, 2011 1:41 PM ET

[JURIST] Kosovo politician and parliamentarian Fatmir Limaj went on trial on Friday for war crimes allegedly committed during the 1998-99 Kosovo war with Serbia [BBC backgrounder; JURIST news archive]. Limaj allegedly ordered two captured Serb policemen executed and tortured another Serbian captive in 1999. Limaj is also under investigation for embezzling funds while serving as transport minister. The senior politician, along with eight other other defendants who also pleaded not guilty, was taken into the Pristina District Court under tight security measures [AP report] early Friday morning, where he will be tried in front of two EU judges and one Kosovo judge. Though much of the prosecution's case relied upon a former member of the Kosovo Liberation Army, who was found hanged [Reuters report] in September in an apparent suicide, the trial is expected to conclude early next year.
The European Rule of Law Mission in Kosovo (EULEX) [official website] has been investigating war crimes [JURIST report] since December 2008. An influential figure in the ruling Democratic Party of Kosovo (PDK) [official website, in Albanian], Limaj was excluded from a cabinet position following international pressure not to include corrupt officials, but was elected into the Kosovo parliament. Limaj is an ex-member of the Kosovo Liberation Army (KLA) and is viewed as a liberator by many ethnic Albanians. In 2005, Limaj was acquitted of similar charges by a war crimes tribunal in The Hague because of insufficient evidence. An EU judge in September placed Limaj under house arrest [JURIST report] while awaiting trial. In September, EULEX charged 10 former members of the KLA [JURIST report], including Fatmir Limaj, with war crimes for their actions during the 1998-1999 war in Kosovo.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Syria forces committing crimes against humanity: HRW
Matthew Pomy on November 11, 2011 12:40 PM ET

[JURIST] Syrian governmental forces have been committing crimes against humanity [press release], including torture and unlawful killings of anti-government protesters in Homs, Syria [map], according to a Human Rights Watch (HRW) [advocacy website] report [text, PDF] released Friday. According to HRW, Homs, a governorate with some of the strongest anti-government leanings, has become "a microcosm of the Syrian government's brutality." HRW estimates security forces have killed more than 3,100 protesters in an effort to silence the movement. In addition to killings, the report offers evidence that Syrian forces have engaged in forced disappearances, torture and arbitrary detention. Violence in Syria continues despite reaching an agreement earlier this month with the Arab League to take measures to end the violence. The Arab League [CFR backgrounder] is scheduled to have an emergency meeting on November 12 to discuss the issue of Syria breaking the agreement. HRW is recommending that the Arab League suspend Syria as a consequence of failing to abide by the agreement. HRW further recommends:the Syrian government immediately to halt the use of excessive and lethal force by security forces against unarmed demonstrators and activists ... and to provide immediate and unhindered access to human rights groups and journalists to the governorate of Homs, including hospitals, places of detention, and prisons [and that] the United Nations Security Council to take action, separately and jointly, to protect civilians by pushing for international civilian observers to deploy inside Syria, including in Homs Governorate in order to monitor human rights violations. HRW argues that the international response to the situation has been inadequate so far, but taking these measures would be a step in the right direction.
Earlier this week, the UN Office of the High Commissioner for Human Rights [official website] announced that the death toll of Syrian protesters has exceeded 3,500 [JURIST report]. Last week, Syrian President Bashar al-Assad offered amnesty [JURIST report] to any protester who surrendered themselves. In October, UN High Commissioner for Human Rights Navi Pillay [official profile] urged [statement] the international community to take steps to protect civilian lives in Syria [JURIST report]. The violence has been condemned [JURIST report] by both the UN and the Arab League. Fighting is not limited to the Homs regionHRW released a report [HRW report] in June of this year detailing rights abuses in the Daraa Governorate. There has been a major struggle to put an end to Syrian violence since the protests began earlier this year. In April, Assad ended [JURIST report] the country's 48-year-old state of emergency, but protests have continued.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

ICC prosecuter: DRC must avoid election violence
Rebecca DiLeonardo on November 11, 2011 12:21 PM ET

[JURIST] International Criminal Court (ICC) [official website] chief prosecutor Luis Moreno-Ocampo [official profile] said Friday that his office would prosecute individuals involved election violence [statement] in the Democratic Republic of the Congo (DRC). The DRC is expected to hold presidential and parliamentary elections on November 28. The prosecutor's statement follows a UN report [text, PDF] published earlier this month encouraging an end to election violence[JURIST report]. The report, published by theUN Joint Human Rights Office (UNJHRO) [official website] alleges that 188 cases of human rights violations related to the electoral process have occurred in the last year. Moreno-Ocampo indicated that it was important to encourage a peaceful electoral process in the DRC and to prosecute offenders. He stated that his office is investigating the alleged violence and will prosecute those who perpetrate violence:We are keeping watch to ensure that the process does not lead to acts of violence or attacks against the civilian population. We are paying particular attention to reports of inciting hatred, exclusion and physical violence by various political figures in Kinshasa and across the entire country. Electoral violence can result in the commission of crimes falling within our jurisdiction. No one should doubt our resolve to prevent crimes or, if need be, prosecute individuals, as we are doing in Kenya and Cote Ivoire. The prosecutor expressed a resolve to investigate all those responsible for election violence regardless of political affiliation. Daniel Ngoy Mulunda, the head of Congo's election commission, said the ICC is welcome to monitor electoral procedures [Reuters report] and investigate any violence in the electoral process.
The DRC has faced numerous accusations of human rights violations in the past. In June, four policemen were sentenced [JURIST report] to death for killing a prominent human rights activist. In February, a military official and his subordinates were sentenced for mass rape [JURIST report] that occurred on New Year's Eve. In addition to human rights violations, the DRC faced some minor issues such as arresting [JURIST report] six election officials for ballot fraud but there has been no violence related to election reported.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Prosecutors urge Lebanon tribunal not to initiate trial in absentia
Sarah Posner on November 11, 2011 11:23 AM ET

[JURIST] Prosecutors at the UN Special Tribunal for Lebanon (STL) [official website] urged the judge Friday to wait to commence the trial in absentia [press release] of four Hezbollah members indicted for killing former Lebanese prime minister Rafik Hariri [BBC profile; JURIST news archive]. The STL has faced great difficulty [Reuters report] trying to arrest the members of Hezbollah in Lebanon where the Shiite militia Hezbollah, backed by Iran, is the country's most powerful political force. Hezbollah has denied involvement in the suicide bombing on February 14, 2005, which killed Hariri in addition to 22 other people. If the trial commences, this would be the first trial in absentia since the prosecution of Nazis during the Nuremberg trials.
In October, a judge for the STL asked [JURIST report] that the Trial Chamber initiate proceedings in absentia. Pre-trial Judge Daniel Fransen [official profile], in accordance with STL rules, waited 30 calendar days after public announcement of the indictment before making the formal request, the prescribed next step in the process. The indictment was unsealed in August, and the STL president has made a public plea for the four men to turn themselves in [JURIST reports]. In 2007, the UN Security Council approved a resolution to establish an ad hoc international tribunal to investigate and try suspects in the assassination of Hariri.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

US Army soldier convicted of murdering Afghanistan civilians
Brandon Gatto on November 11, 2011 11:00 AM ET

[JURIST] A US military court on Thursday convicted an army squad commander of three counts of premeditated murder for leading a "kill team" in Afghanistan that targeted unarmed civilians and collected body parts as war trophies. While three of the four defendants pleaded guilty and received reduced sentences, Sgt. Calvin Gibbs [NYT profile], 26, was given a life sentence for 15 convictions including murder, assault and conspiracy connected to the killing of three men not long after he took over the Fifth Brigade of the US Army [official website] Second Division in Afghanistan's Kandahar province in November 2009. Gibbs admitted to cutting and keeping fingers from the corpses as trophies, but claimed that he was merely returning enemy fire and was not motivated to kill. Prosecutors, however, relied on Gibbs' own likening of collecting amputated body parts to the antlers of a deer to characterize the platoon leader as a hunter who killed Afghans "for sport." Two co-defendants testified against their former leader, and told the court that Gibbs not only collected fingers and teeth from those he called "savages," but that he also took pictures next to the victims before leaving weapons around their bodies. While Gibbs has been given a life sentence, the court also granted the possibility of parole after less than 10 years.
Although the "kill team" incident has been considered one of the worst examples of American war crimes since the start of the Afghanistan campaign, other crimes have been alleged. In September 2010, former UN special rapporteur on extrajudicial, summary or arbitrary executions Philip Alston [JURIST news archive] called for an investigation [JURIST report] into the conduct by both Taliban and US and British military forces, and expressed particular concern over the number of civilian deaths during the war in Afghanistan. At the time, Alston made specific reference to the alleged killings revealed [JURIST report] in secret military files published by WikiLeaks [website]. The latter has been described as the largest unauthorized release of classified documents in US military history allegedly littered with US war crime evidence.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Uganda man sentenced to 30 years for killing gay rights activist
Sarah Posner on November 11, 2011 10:39 AM ET

[JURIST] The Ugandan High Court [official website] on Thursday sentenced a man to 30 years in prison for beating to death prominent gay rights activist David Kato. Enock Nsubuga confessed to the January 2011 killing, admitting to beating Kato [Reuters report] with a hammer at his home before he died on the way to the hospital. Nsubuga claimed that he attacked Kato in response to sexual advances he made. The case sparked worldwide criticism and drew attention to gay rights in Uganda. Homosexuality remains a controversial issue in much of Africa, with 37 countries in the continent, including Uganda, having laws making homosexuality illegal. Uganda has been harshly criticized throughout the international community since the introduction [BBC report] in October 2009 of its Anti-Homosexuality Bill [text, PDF], which stalled in the Parliament. The legislation would have made "aggravated homosexuality" punishable by death. In Uganda, it is a common belief that homosexuality is both un-Christian and un-African.
In January, the Ugandan High Court issued a permanent injunction [JURIST report] and awarded damages to plaintiffs who were alleged to be homosexuals by the Ugandan tabloid newspaper, The Rolling Stone. The complaint was filed by Uganda's Civil Society Coalition on Human Rights and Constitutional Law [advocacy website] on behalf of three members who, along with 97 other individuals, were alleged to be homosexuals in an article published by the tabloid under the headline "Hang Them" in October 2010. In January 2010, UN High Commissioner for Human Rights Navi Pillay said the Anti-Homosexuality Bill was discriminatory [JURIST report] and could harm Uganda's reputation internationally. Additionally, in February, US President Barack Obama and Secretary of State Hillary Clinton denounced the proposed legislation [JURIST report], which would implement harsh punishments for homosexual behavior, including the death penalty in some circumstances.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

HRW urges Tunisia not to extradite former Libya PM
Hillary Stemple on November 11, 2011 8:40 AM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] on Wednesday urged the Tunisian government not to extradite [statement] former Libyan prime minister Al-Baghdadi Ali al-Mahmoudi [BBC backgrounder; JURIST news archive], warning that he would be "at a real risk for torture" if he is returned to Libya. Al-Mahmoudi, who served under Muammar Gaddafi [BBC obituary; JURIST news archive], has been held in Tunisia since September when he was detained [JURIST report] while attempting to illegally enter Tunisia. Earlier this month the Tunisian courts announced they would review a request [JURIST report] by the Libyan National Transitional Council (NTC) [official website] to extradite al-Mahmoudi back to Libya in order to face possible charges of corruption. A Tunisian appellate court ruled earlier this week that al-Mahmoudi should be extradited back to Libya [JURIST report], despite concerns expressed by his lawyer for his safety. HRW stated that because Tunisia ratified the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [materials] they are subject to its terms, including Article 3, which prohibits the extradition of suspects to countries where torture is a real possibility. According to HRW, the NTC cannot guarantee al-Mahmoudi's safety due to their lack of adequate control over security forces and Libyian detention facilities. HRW cited examples of recently documented cases of mistreatment [HRW report] in Libyan detention facilities as examples of what al-Mahmoudi could face if he is returned to Libya. HRW further asserts that because the NTC has yet to establish a functioning judicial system, al-Mahmoudi would not be guaranteed basic rights of due process. In order for al-Mahmoudi's extradition to be effective, Tunisia's president must sign a decree ordering his return to Libya. Al-Mahmoudi could contest that order through the administrative process, but the extradition would still take place.
Al-Mahmoudi's extradition is the latest legal episode in an ongoing effort by Libyan and international courts to investigate officials in Gaddafi's government [JURIST report]. In June, the International Criminal Court (ICC) [official website] issued arrest warrants [decision, PDF; JURIST report] for Gaddafi, as well as two high-ranking officials in his regime, for crimes against humanity. ICC chief prosecutor Luis Moreno-Ocampo [official website] declared before the Pre-Trial Chamber that his office had obtained direct evidence [JURIST report] that shows Gaddafi personally ordered attacks on civilian protesters and that his army used live ammunition on crowds, fired at people in funeral processions, and placed snipers to shoot people leaving mosques after prayer services. Earlier in June, the UN Human Rights Council (UNHRC) [official website] decided to extend its investigation [JURIST report] of human rights abuses in Libya. In a 92-page report [text, PDF], the UNHRC declared that Gaddafi's regime committed murder, rape, torture, and forced disappearance "as part of a widespread or systematic attack against a civilian population with knowledge of the attack."


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

DC Circuit overturns release of Guantanamo detainee
John Paul Putney on November 11, 2011 7:49 AM ET

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] on Wednesday released a partially redacted opinion [PDF] in Latif v. Obama, overturning the release order [JURIST report] for Yemeni Guantanamo detainee Adnan Farhan Abdul Latif [NYT profile]. The redaction at times covers entire sections, but reveals strong divisions between the deciding judges. The unredacted portion of the majority opinion largely focuses on the district court's failure to afford the evidence of the governmentintelligence reportsa presumption of regularity. The majority opines there is confusion over the application of the presumption stemming from:the fact that intelligence reports involve two distinct actorsthe non-government source and the government official who summarizes (or transcribes) the source's statement. The presumption of regularity pertains only to the second: it presumes the government official accurately identified the source and accurately summarized his statement, but it implies nothing about the truth of the underlying non-government source's statement. ... The presumption of regularityto the extent it is not rebuttedrequires a court to treat the Government's record as accurate; it does not compel a determination that the record establishes what it is offered to prove. The majority asserts the presumption is provided for in Boumediene v. Bush [opinion text] and regularly applied by courts in the context of federalism. In the absence of an explicit finding of credibility regarding Latif's "plausible alternative story" by the district court judge, the presumption stood firm. In sharp contrast, the dissent accuses the majority of deviating from a "highly deferential clear error review" and in evaluating the evidence (which it finds unreliable), it "moves the goal posts" by applying a "new presumption and then proceeding to find that it has not been rebutted." This, the dissent asserts, eviscerates the "meaningful opportunity" guaranteed by Boumediene. The case was remanded to district court to reconsider the evidence in light of the "presumptively reliable government evidence."
Federal courts have struggled with habeas corpus rights for Guantanamo detainees. In May, the DC Circuit affirmed [JURIST report] a lower court's decision that Yemeni Guantanamo Bay detainee Musa'ab Omar al-Madhwani is lawfully detained for being part of al Qaeda. In March, the DC Circuit overturned [JURIST report] a lower court's decision granting release to Yemeni Guantanamo detainee Uthman Abdul Rahim Mohammed Uthman. In September 2010, Kuwaiti Guantanamo detainee Fawzi Khalid Abdullah Fahad al Odah petitioned [JURIST report] the US Supreme Court [official website] to reverse a federal appeals court decision that denied him habeas corpus relief, but the Supreme Court turned down his appeal in April.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|